Tano, et. al. vs. Socrates, et. al., G.R. No. 110249, August 21,1997
On December 15, 1992, the Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance No. 15-92 which took effect on January 1, 1993. The purpose of the Ordinance is to effectively free the City Sea Waters from Cyanide and other Obnoxious substance, and shall cover all persons and/or entities operating within and outside the City of Puerto Princesa who is are directly or indirectly in the business or shipment of live fish and lobster outside the City. To implement said city ordinance, then Acting City Mayor Amado L. Lucero issued Office Order No. 23, Series of 1993 dated January 22, 1993. This ordinance ...view middle of the document...
15-92 of Puerto Princesa City and Ordinance No. 2, Series of 1993, of the Province of Palawan before the Office of the City Prosecutor of Puerto Princesa.
Petitioners caption their petition as one for “Certiorari, Injunction With Preliminary Mandatory Injunction,with Prayer for Temporary Restraining Order” and pray that the Court: (1) declare as unconstitutional: (a) Ordinance No. 15-92, dated 15 December 1992, of theSangguniang Panlungsodof Puerto Princesa; (b) Office Order No. 23, Series of 1993, dated 22 January 1993, issued by Acting City Mayor Amado L. Lucero of Puerto Princesa City; and (c) Resolution No. 33, Ordinance No. 2, Series of 1993, dated 19 February 1993, of theSangguniang Panlalawigan of Palawan as it deprived them of due process of law, their livelihood, and unduly restricted them from the practice of their trade.
On October 25,1993 petitioners filed an urgent Plea for the immediate issuance of a Temporary Restraining Order claiming that despite the pendency of this case, Branch 50 of the Regional Trial Court of Palawan was bent on proceeding with Criminal Case No. 11223 against petitioners Danilo Tano, Alfredo Tano, Eulogio Tremocha, Romualdo Tano, Baldomero Tano, Andres Lemihan and Angel de Mesa for violation of Ordinance No. 2 of the Sangguniang Panlalawigan of Palawan. Acting on said plea, the Court issued on November 11, 1993 a temporary restraining order directing Judge Angel Miclat of said court to cease and desist from proceeding with the arraignment and pre-trial of Criminal Case No. 11223.
Whether or not the challenged Ordinances violated the provisions of the Constitution specifically Section 2 of...